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(영문) 서울중앙지방법원 2017.07.25 2015가단5358907
사해행위취소
Text

1. The defendant shall make a voluntary auction procedure to the plaintiff at Daejeon District Court Branch B with respect to the real estate stated in the attached list.

Reasons

1. Facts of recognition;

A. The Plaintiff’s preserved claim filed a lawsuit against Nonparty 2014Gaso64074 claim against the Daejeon District Court. On July 28, 2014, the Plaintiff received a decision of performance recommendation that “The Plaintiff shall jointly and severally pay to the Plaintiff 10,668,31 won and KRW 9,523,340 per annum from May 1, 2014 to September 16, 2014; and KRW 20% per annum from the next day to the date of full repayment.”

(b)a final determination;

Attached Form

On October 4, 1989, D completed the registration of ownership transfer on the apartment of this case as indicated in the attached list of the Defendant’s registration of creation of a neighboring real estate on the list (hereinafter “the apartment of this case”), and around October 2005, D completed the registration of creation of a neighboring mortgage of “The Industrial Bank of Korea of the mortgagee, the debtor D, the maximum debt amount of KRW 57,60,000,000,” and around December 22, 2007, the registration of creation of a neighboring mortgage of “the Industrial Bank of Korea of the mortgagee, the debtor C, and the maximum debt amount of KRW 10,000,000,000,” around November 22, 2011.

Around June 28, 2012, the registration of creation of a neighboring mortgage of the first, second, and third neighboring mortgages was cancelled. On the same day, the registration of establishment of a neighboring mortgage of the first, “The registration of establishment of a neighboring credit union of the mortgagee, the debtor D, the maximum debt amount of KRW 120 million,” and the second, on June 29, 2012, “The registration of establishment of a neighboring mortgage holder, the defendant, D, the maximum debt amount of KRW 70 million,” was completed by the Daejeon District Court of the Daejeon District on June 29, 2012 as the receipt of No. 6427, Jun. 29, 2012.

(hereinafter) The Defendant’s aforementioned right to collateral security (hereinafter “the instant right to collateral security”). On June 5, 2013, the Defendant completed the registration of ownership transfer with the transaction value of KRW 150 million on the instant apartment as to the instant apartment.

(hereinafter “instant transfer registration”). C.

E, the other creditors of E's lawsuit for revocation of fraudulent act, is the defendant of this case.

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